CPC MCQ SET 2

CIVIL PROCEDURE CODE

1. One of the following is not a decree,

a.determination of any question within section 144 of Cr.P.C
b.rejection of plaint
c.dismissal of suit for default
d.conclusive determination of rights of parties.

2. Stay of suit can be applied,

a. if the issue is indirectly and substantially in issue in a previous
instituted suit between same parties

b. if the issue is directly and substantially in issue in a previous
instituted suit between third parties.

c. if the issue is directly and substantially in issue in a previously
instituted suit between same parties.

d. If the issue is directly and substantially in issue in a subsequently
instituted suit between same parties.

3. S.10 is,

a. Res judicata
b. Res subjudice
c. Res gestae
d. Res ipsa loquitur

4. Summons to defendant may be served,

a. within 30 days from the date of institution suit
b. within 90 days from the date of filing of suit
c. within 30 days from the date of filing of suit
d. within 90 days from the date of institution suit

5. Following one is correct,

a. judgment follows decree
b. judgment and decree shall be pronounced simultaneously
c. order follows judgment
d. decree follows judgment

6. Further interest from the date of decree to the date of payment shall not
exceed,

a.6% p.a
b.8% p.a
c.12% p.a
d.24% p.a

7. Compensatory cost can be awarded which,

a. Shall not exceeds Rs. 5000/-
b. Rs.3000/-
c. Shall not exceed Rs.3000/-
d. Rs.5000/-

8. Attachment under a precept shall continue,

a. for more than two months
b. for more than two months on application of judgment debtor
c. not more than one month
d. for more than two months by an order of court.

9. Parties under section 47 of c.p.c shall not be,

a. legal representative of parties to the suit
b. a defendant against whom a suit has been dismissed
c. purchase of property independent life
d. purchase of property at the sale in execution of decree.

10. A decree executed against the legal representative of the judgment
debtor shall be liable only,

a. to the extent of property of the deceased
b. to the extent of property of the deceased which has come to his

hands
c. to the extent of property of the deceased and disposed off
d. to the extent of property of the deceased and not disposed off.

11. Choose the correct

a. a woman cannot be arrested in execution of decree for mandatory
injunction

b. a woman cannot be arrested in violation of decree for declaration and
injunction

c. a woman cannot be arrested in execution of decree for payment of
money

d. a woman cannot be arrested in execution of decree for permanent
injunction.

12. Detention of person in civil person does not exceed,

a. three months if the decree is for payment of a sum of money
exceeding Rs.5000/-

b. three months if the decree is for payment of a sum of money not
exceeding Rs.5000/-

c. six weeks if the decree is for payment of a sum of money exceeding
Rs.5000/-

d. six weeks if the decree is for payment of a sum of money not
exceeding Rs.5000/-

13. A judgment debtor cannot be detained in civil prison,

a. if the total amount of decree does not exceeds Rs.5000/-
b. if the total amount of decree does not exceeds Rs.4000/-
c. if the total amount of decree does not exceeds Rs.2000/-
d. if the total amount of decree does not exceeds Rs.10,000/-

14. One of the following is not liable for attachment,

a. government securities
b. shares in a corporation
c. movable or immovable property belonging to judgment debtor
d. all moneys payable under a policy of insurance on the life of the

judgment debtor

15. In a suit against postal department, the authority to be named as
plaintiff or defendant, shall be,

a. state government
b. the union of Indian
c. central government
d. the state

16. As per S.80 (2) of c.p.c a court can,

a. shall not grant relief in the suit before hearing the government
b. grant interim injunction till disposal of suit
c. shall grant relief in the suit before hearing the government
d. none of the above

17. A public officer in respect of any act purporting to be done by him in his
official capacity as a defendant in a suit,

a. shall be liable for attachment of property
b. shall be liable to arrest
c. shall be liable for attachment of property in execution of decree
d. none of the above

18. A decree against the union of India or a state can be executed if the
decree remains unsatisfied for

a. a period of six months months from date of decree
b. a period of three months from the date of filing of execution

application
c. a period of six months from date of execution application
d. a period of three months from the date of such decree.

19. Find the incorrect one?The court shall refer the disputes to,

a. arbitration
b. conciliation
c. legal aid
d. mediation

20. As per S.113 of cr.pc reference shall be made to,

a. District court
b. High court
c. Supreme court
d. Sub court

21. Review can be made to,

a. Sub court
b. High court
c. District court
d. the same court

22. A revision before high court shall,

a. operate as stay
b. shall not operate as stay
c. shall preclude lower court to proceed further
d. none of the above.

23. A woman according to the customs and manners of country cannot be
compelled to appear in public and exempt from personal appearance in
court under,

a. S.56 of cr.p.c
b. S.55 of cr.p.c
c. S.133 of cr.p.c
d. S.132 of cr.p.c

24. Enlargement of time by court for doing of any act under c.p.c shall not
exceed,

a. 15 days
b. 30 days
c. 45 days
d. 60 days

25. A caveat shall remain in force until expiry of,

a. 92 days

b. 60 days
c. 90 days
d. 120 days

26. A suit filed under order I Rule 8, with notice to all persons so interested,

a. shall be withdrawn
b. shall be compromised
c. shall be abandoned
d. all the above

27. A suit for specific performance filed after a suit for bare injunction for not
to alienate is hit under,

a. Order I Rule 2
b. Order II Rule 2
c. Order III Rule 2
d. Order II Rule 1

28. Every plaint shall comply with rules contained in,

a. Order VI
b. Order VII
c. Orders VI and VII
d. Orders VII and VIII

29. Written statement shall be filed within,

a. thirty days from the date of service of summons to defendant
b. thirty days from the date of filing vakalath for defendant
c. ninety days from the date of institution of suit
d. thirty days from the date of institution

30. On issue of summons for final disposal, defendant to be directed to
produce this,

a. vakalath
b. written statement
c. all witnesses
d. all the above

31. When there are more defendants, then service of summons shall be made
on,

a. first defendant
b. elder defendant
c. none of the defendant
d. each defendants

32. When the service of summons is sought to be effected on a defendant at
his residence and there is no likelihood of his being found at the residence

within a reasonable time and he has no agent empowered to accept service
of the summons on his behalf service may be made on

a. any member of the family
b. servant of the family
c. any adult member of the family
d. only upon the defendant.

33. Substituted service can be ordered by,

a. affixing a copy of summon in some conspicuous place in the court
house and also upon some conspicuous part of the house where
defendant last resided with advertisement in a news paper circularly
in the locality where defendant lastly resided.

b. paper publication
c. through registered post
d. to any adult made member of the family

34. Pleading shall mean,

a. plaint or written statement
b. plaint
c. written statement
d. all the above.

35. Every pleading shall contain and contain only,

a. facts
b. material facts
c. evidence
d. material facts and evidence

36. Court may at any stage struck out or amended any matter in any
pleading,

a. which may be unnecessary, scandalous, frivolous or vexatious
b. which is abuse of process of court
c. which may tend to prejudice, embarrass or delay the fair trail
d. all the above

37. Amendment of pleadings after commencement of trail shall be,

a. allowed liberally
b. discretion of court
c. cannot be allowed
d. allowed that inspite of due diligence the party could have raised the

matter before commencement of trail

38. If no time was limited for amendment then amendment, shall be carried
out,

a. within 15 days from the date of order
b. within 14 days from the date of order
c. within 30 days from the date of order
d. within 10 days from the date of order

39. One of the following is a ground for rejecting the plaint,

a. if deficit court fee paid
b. if there is no jurisdiction
c. barred by any law
d. all the above

40. Cause of action is,

a. question of law
b. question of facts
c. mixed question of law and facts
d. none of the above

41. Set off can be filed in a suit for,

a. declaration
b. declaration and injunction
c. mortgage suits
d. mandatory injunction.

42. Counter claim shall be treated as,

a. written statement
b. plaint
c. application
d. a and b

43. Additional written statement can be filed under,

a. Or VIII R 10
b. Or VIII R 7 Cr.P.C
c. Or VIII 8 Cr.P.C
d. Or VIII Rule 9 Cr.P.C.

44. If a suit dismissed under Or IX R1 or R3, the plaintiff shall,

a. file fresh suit
b. file restoration application

c. file fresh suit or file application to restore suit
d. all the above

45. If a suit dismissed under Rule 8 of order IX, then the plaintiff can,

a. file fresh suit
b. file application to restore the suit
c. both a and b
d. none of the above

46. A decree can be setaside,

a. without notice to opposite party
b. with notice to the opposite party
c. upon courts own motion
d. notice to the government

47. Irrelevant or inadmissible documents can be rejected under,

a. Or XII R3
b. Or XIII R2
c. Or XIII R2
d. Or XIII R3

48. Exhibits marked in a suit shall be returned under,

a. Or XIII R6
b. Or XIII R9
c. Or XIII R8
d. Or XIII R7
.
49. Issues arise when a material proposition of fact or law,

a. affirmed by both parties
b. denied by both parties
c. denied by one party
d. affirmed by one party and denied by the other.

50. Issues can be amended or strike out under,

a. Or XIV R2
b. Or XIV R3
c. Or XIV R5
d. Or XVV R4

51. When parties are not at issue then the court may,

a. ask for evidence
b. pronounce judgment at once

c. hear both parties
d. dismiss the suit

52. List of witness shall be present before court within,

a. 10 days after the issues framed
b. 15 days after the issues framed
c. 30 days after issues framed
d. 45 days after issues framed.

53. Summons to produce document can be filed under,

a. Or XVI R6
b. Or XVI R5
c. Or XV R6
d. Or XV R5

54. If the witness fails to produce document or evidence, then next the court
can,

a. Issue warrant
b. Issue proclamation
c. Issue notice
d. none of the above.

55. No adjournments shall be granted to party for,

a. two times
b. one time
c. three times
d. four times

56. If a pleader of party engaged in another court then the court,

a. can adjourn the suit
b. cannot adjourn the suit
c. can adjourn on its discretion
d. none of the above

57. Written arguments can be filed under,

a. Or XVIII R1
b. Or XVIII R2
c. Or XVIII R3
d. Or XVIII R4

58. If party to the suit wants to examine him after recording evidence of
witnesses then the court can,

a. permit him to let evidence

b. cannot permit him to lead evidence
c. can permit with leave of court
d. can permit with leave of court before examination of witnesses.

59. In every case the examination in chief of a witness shall be on affidavit
was inserted by amendment of act,

a. 2 of 2002
b. 22 of 2002
c. 22 of 2001
d. 2 of 2001

60. The court can record the demeanour of witnesses on examination under,

a. Or XVIII R10
b. Or XVIII RII
c. Or XVIII R12
d. Or XVIII R 13.

61. Judgment shall be pronounced,

a. on conclusion of hearing
b. within 30 days
c. within 7 days
d. at once

62. Judgment shall not contain,

a. a concise statement of the case
b. points for determination, the decision thereon and reasons for such

decision
c. points for determination and the decision thereon
d. all of the above

63. A decree shall be drawn up within …....days from the date on which the
judgment is pronounced,

a. 7 days
b. 15 days
c. 21 days
d. 30 days

64. Copies of judgment when to be made available after pronouncement,

a. 10 days
b. 3 days
c. immediately
d. 15 days

65. Date of decree shall bear the date,

a. on which the decree was drawn up
b. on which the judgment was pronounced
c. on which the copy application was made
d. none.

66. Decree may direct payment by instalments under

a. Or XX R8
b. Or XX R9
c. Or XX R10
d. Or XX R11

67. Copy application for judgment and decree filed under,

a. Or XX R20
b. Or XX R12
c. Or XX R15
d. Or XX R19

68. A judgment debtor can be arrested on immediate execution of decree, at
the time of passing of decree if he is,

a. in his house
b. in his task
c. in the precincts of the court
d. any where.

69. Sale cannot be set aside on the death of judgment debtor if the death
occurs,

a. after issuance of proclamation
b. after attachment of property
c. between issuance of notice execution and issuance of proclamation
d. between service of proclamation of sale and sale of property.

70. Court may stay execution under,

a. Or XXI R24
b. Or XXI R 25
c. Or XXI R 26
d. Or XXI 27

71. In a decree for money suit if the judgment debtor is likely to abscond or
leave the local limits of the jurisdiction then,

a. JD can be issued notice of execution
b. JD can be arrest and detain in civil prison immediately
c. JD can be arrested and released on furnishing security
d. all of the above

72. The subsistence allowance spent by decree under for detaining the JD in
civil prison,

a. cannot be include in costs
b. can be included as costs of the suit
c. can be recovered by way of separate application
d. can be recovered by way of separate suit.

73. Stay of sale can be ordered under order XXI,

a. Rule 55
b. Rule 56
c. Rule 58
d. Rule 59

74. Irregularity in publishing or conducting the sale of movable property shall,

a. vitiate scale
b. will not vitiate sale
c. vitiate sale on discretion of court
d. none of the above.

75. On sale of immovable property the person who was declared as purchaser
shall deposit immediately,

a. 10% of the amount of purchase
b. 20% if the amount of purchase
c. 25% of the amount of purchase
d. 35% of the amount of purchase

76. Full purchase money shall be paid by the purchaser into court before the
court closes,

a. On the 15th day from the sale of the property
b. On the 30th day from the sale of the property
c. On the 45th day from the sale of the property
d. On the 60th day from the sale of the property

77. Application to set aside sale can be filed,

a. sale on deposit
b. irregularity or fraud
c. if JD having no saleable interest
d. all the above.

78. Any exparte order in execution proceedings shall be made within …...
days from the date of order,

a. 30 days
b. 60 days
c. 90 days
d. 120 days

79. Following rules in order XXII will not apply in proceedings in execution of
decree or order,

a. Rule 3,4 and 8
b. Rule 1, 4 and 8
c. Rule 3, 5 and 6
d. Rule 3, 4 and 9.

80. A guardian of minor plaintiff can withdraw a suit,

a. with leave of court
b. without leave of court
c. with leave of defendant
d. with leave of High court

81. In any fresh suit instituted on permission granted under Or XXIII Rule 1,
then, the plaintiff shall be,

a. not bound by the law of limitation in the same manner as if the first
suit had not been instituted.

b. bound by the law of limitation in the same manner as if the first suit
had been instituted.

c. bound by the law of limitation in the same manner as if the first suit
had not been instituted.

d. bound by law of limitation.

82. An agreement or compromise in a suit which is void or voidable under
the Indian contract act shall,

a. compromised
b. not compromised
c. compromised with leave of court
d. none of the above.

83. A compromise in a representative suit entered without leave of court
can be,

a. void

b. voidable
c. allowed
d. none of the above

84. In a final decree application (partition) a commissioner can be
appointed under,

a. Or XXVI R1
b. Or XXVI R3
c. Or XXVI R9
d. Or XXVI R13

85. When a suit is instituted against public officer for damages or other
relief in respect of any act alleged to have been done by him in his
official capacity,then,

a. the government need not be a party to the suit
b. the government shall be joined as party to the suit
c. the government can or cannot be added as party
d. a permission shall be sought from the concerned authority

86. If a suit is instituted without next friend for the minor plaintiff then,

a. the plaint shall not be taken off the file
b. the plaint shall be amended suitably
c. the plaint shall be taken off the file
d. continue the suit, as there is no bar

87. An agreement or compromise by Guardian of minor in a suit can be,

a. filed without leave of court
b. filed without leave of court
c. filed with leave of court and an affidavit stating that it is for the

benefit of minor to be stated
d. filed with leave of court without stating that it is for benefit of minor

88. Proceedings relating to family matters in a suit shall,

a. tried in open court
b. not be tried in open court
c. if the parties made application
d. if the court so desires and shall be so held if either party so desires

89. Any property acquired by an indigent person after the presentation of
pauper original application and before the decision of the application
shall,

a. taken into account
b. not be taken into account

c. discretion of court
d. discretion of the parties

90. Every inquiry into the question whether or not a person is an indigent
person or not shall be made by the,

a. Judge
b. government pleader
c. chief ministerial officer
d. collector

91. A small cause court shall not attach the immovable property before
judgment as per,

a. Order XXXVIII R11
b. Order XXXVIII R12
c. Order XXXVIII R13
d. Order XXXVIII R14

92. If an interim injunction is granted without notice to opposite party,
then the court shall make an endeavour to dispose of the application
within,

a. 30 days from the date of service of notice to respondent
b. 30 days from the date of order
c. 30 days from the date of filing vakalath for opposite party
d. 30 days from the date of first hearing.

93. On granting exparte interim injunction the party shall comply with,

a. Order XXXIX R1
b. Order XXXIX R1 and 2
c. Order XXXIX R3
d. Order XXXIX R3A

94. An interim injunction can be discharged varied or set aside under,

a. Order XXXIX R1
b. Order XXXIX R2
c. Order XXXIX R3
d. Order XXXIX R4.

95. Mere filing an appeal,

a. will operate as stay
b. will not operate as stay
c. will operate as null and void
d. none of the above.

96. A court which passed decree can stay execution of decree under,

a. Order XL1 R 5(1)
b. Order XL1 R 5(2)
c. Order XL1 R 5(3)
d. Order XL1 R 5(4)

97. A remand can be made under,

a. Order XLI R 20
b. Order XLI R 21
c. Order XLI R 22
d. Order XLI R 23

98. Additional evidence in appeal can be produced under,

a. Order XLI R 25
b. Order XLI R 26
c. Order XLI R 27
d. Order XLI R 28

99. An application for review against the order of review of a decree or
order passed can be,

a. entertained
b. cannot be entertained
c. can be entertained
d. none of the above

100. Final decree in redemption suit can be filed under,

a. Order XXXIV R 4
b. Order XXXIV R 8
c. Order XXXIV R 12
d. Order XXXIV R 13

101. S. 89 of C.P.C was strongly impleaded as per,

a. Meneka Gandhi case
b. Afconse case
c. Lalitha kumari case
d. D.K. Basu case

*All the best*

CIVIL PROCEDURE CODE

ANSWER KEY

1C 21 D 41 C 61 D 81 C
2C 22 B 42 B 62 C 82 B
3B 23 D 43 D 63 B 83 A
4A 24 B 44 D 64 C 84 D
5D 25 C 45 B 65 B 85 B
6A 26 D 46 B 66 D 86 C
7C 27 B 47 D 67 A 87 C
8D 28 C 48 B 68 C 88 D
9C 29 A 49 D 69 D 89 A
10 D 30 C 50 C 70 C 90 C
11 C 31 D 51 B 71 B 91 C
12 A 32 C 52 B 72 B 92 B
13 C 33 A 53 A 73 D 93 C
14 D 34 D 54 B 74 B 94 D
15 B 35 B 55 C 75 C 95 B
16 A 36 D 56 B 76 A 96 B
17 C 37 D 57 B 77 D 97 D
18 D 38 B 58 D 78 A 98 C
19 C 39 C 59 B 79 A 99 B
20 B 40 C 60 C 80 A 100 B
101 B